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Registration cannot be cancelled for mere non-intimation of amendments in Trust Deed

November 21, 2019 1737 Views 0 comment Print

ACIT (Exemption) Vs Bhansali Trust (ITAT Mumbai) A mere non-intimation of the amendments in the Trust Deed to the Department cannot ipso-facto lead to cancellation of registration because the statutory requirement of cancellation of registration contained in section 12AA(3) of the Act prescribe that the cancellation of registration cannot be effectuated unless a case is […]

Commission to Director cannot be disallowed without examining appointment terms

November 21, 2019 795 Views 0 comment Print

Kirloskar Oil Engines Limited Vs JCIT (ITAT Pune) The issue under consideration is whether the disallowance made for commission paid to director u/s. 40A(2) is justified? ITAT states that, the assessee is against disallowance of commission paid to Shri Atul Kirloskar u/s. 40A(2) of the Act. It is an undisputed fact that in earlier assessment […]

Assessee not liable for notice issued at Old Address despite intimation of new Address

November 20, 2019 2355 Views 0 comment Print

Where prior to completion of assessment, assessee had already reported its new address to revenue, but AO sent the notices to assessee at the old address, then assessee could not be held in default for not complying with notices under section 142(1)/(143(2).

Sale of tea manufactured from leaves purchased from third parties is agricultural activity & eligible for deduction of 60%

November 20, 2019 3963 Views 0 comment Print

The issue under consideration is whether income from sale of tea manufactured and sold from tea leaves purchased from third parties was from non-agricultural activity and therefore, was not eligible for deduction of 60%?

Surplus from assignment of loan to third party was not cessation or extinguishment of liability u/s 41(1).

November 20, 2019 5454 Views 0 comment Print

Surplus resulting from assignment of loan at present value of future liability was not cessation or extinguishment of liability as loan was to be repaid by the third party and therefore could not be brought to tax in the hands of the assessee under section 41(1). 

TDS u/s 194J Applicable on Payments by TPA to Hospitals on behalf of Insurance Companies

November 19, 2019 8400 Views 0 comment Print

The issue under consideration is whether TDS u/s 194J will be applicable on payments made by TPA to hospitals on behalf of insurance companies for settling medical or insurance claims?

Interest on Bank Deposit earned by Assessee Engaged in Money Lending is Business Income

November 19, 2019 870 Views 0 comment Print

whether the interest on bank deposit earned by assessee engaged in money lending covered under head of Business Income or Income from Other Sources?

ITAT dismisses Young Indian application to make it Charitable Trust

November 16, 2019 3432 Views 0 comment Print

Young Indian Vs CIT (Exemption) (ITAT Delhi) ITAT Delhi has dismissed Congress leader Rahul Gandhi’s plea to make Young Indian a charitable trust. Rejecting the application, the ITAT Delhi said that it is a commercial organization. With the rejection of the application, the income tax case of 100 crore rupees against him will open again. […]

Foreign Exchange Loss on loan for acquiring fixed assets allowable as Revenue Expense

November 8, 2019 5319 Views 0 comment Print

Foreign exchange loss arising out of foreign currency fluctuations in respect of loan in foreign currency used for acquiring fixed assets should be allowed as revenue expenditure by charging the same into the Profit and Loss account and not as capital expenditure by deducting the same from the cost of the respective fixed assets.

Approval of PCIT mandatory to convert Limited Scrutiny to a Complete Scrutiny

November 8, 2019 3327 Views 0 comment Print

Jurisdiction of the Assessing Officer while making assessments in Limited Scrutiny cases, by initiating inquiries on new issues has to comply with mandatory requirements of the relevant CBDT Instructions dated 09.2014, 29.12.2015 and 14.07.2016, i.e. the approval of the PCIT.

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